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Faiyaj vs State Of U.P. on 13 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 31685 of 2019

Applicant :- Faiyaj

Opposite Party :- State Of U.P.

Counsel for Applicant :- Sunil Kumar Dwivedi

Counsel for Opposite Party :- G.A.

Hon’ble Rajul Bhargava,J.

Heard Sri Sunil Kumar Dwivedi, learned counsel for the applicant, Mohd. Zakir, counsel for opposite party no. 2, learned A.G.A for the State and perused the first information report as well as rejection order.

Learned counsel for the applicant submitted that the applicant is father-in-law of the first informant, she has implicated not only the husband but all male and female members including distant relative of the applicant, the allegation made by the informant is that the accused attempted to murder her by putting chunni on her neck is falsified by medical evidence in which simple injury has been noted by the doctor. Learned counsel states that the false allegations of attempt by the applicant and all other accused are sweeping and general in nature, therefore, the applicant may be enlarged on bail.

Learned counsel for opposite party no. 2 has vehemently opposed the prayer for bail and submitted that the informant was medically examined on the day when she was beaten by the husband and in-laws, however, he could not dispute that the injuries are simple in nature.

Without expressing any opinion on the merits of the case and considering the nature of accusation and having no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.

In the event of arrest of the applicant Faiyaj involved in Case Crime No. 48 of 2018, u/s 498A, 323, 504, 506, 354Kha, 307, 377 SectionI.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Bulandshahar shall be released on anticipatory bail till the submission of police report if any under Sectionsection 173 (2) SectionCr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.

(i) the applicant shall make himself available for interrogation by a police officer as and when required;

(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.

In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

The applicant is directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

Let the copy of this order be sent by the Registrar General of this Court to Sessions Judge concerned for it’s compliance.

Order Date :- 13.8.2019

Dhirendra/

 

 

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